In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC

The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force. The failure of the employer to adhere to the guidelines, which prescribe the procedure, in the opinion of this Court, amounts to arbitrariness and thus, violative of Article 14 of the Constitution of India.” The order was passed by Justice Subba Reddy Satti in a batch of Writ petitions filed by Officer Bearers of registered associations challenging their transfer as being against the guidelines enumerated in GOMS NO. “In the light of the above pronouncements, this Court is of the considered opinion that G.O.Ms.No.75 dated 17.08.2024 framing guidelines for transfers and postings of employees have statutory force.” Thus, the petitions filed by the officer bearers were allowed. Vs. RDS Projects Ltd., the Court reiterated that the power of judicial review in matters of transfer should be restricted only to manifestly arbitrary matters, which infringe fundamental and statutory rights.